Kuberan v. The Inspector of Police

ORDER This petition has been filed to quash the FIR in Crime No.866 of 2014, on the file of the first respondent police.

2.The grievance of the petitioners is that based on the complaint lodged by the 2nd respondent, the 1st respondent registered the First Information Report in Crime No.866 of 2014 for the offences punishable under Sections 3 r/w 4 of Tamil Nadu Prohibition of Charging Exorbitant Interest Act, 2003 and 506(i) IPC against the petitioners. Though the case was registered on 17.12.2014, so far no final report has been filed before the concerned Court.

3.The learned Government Advocate (Crl. Side) submitted that so far final report has not been filed before the concerned Court.

4.Considering the nature of offence made out against the petitioners, this Court is of the view that since even after a lapse of 8 ½ years, the final report has not been filed before the concerned Court, it is barred by limitation under Section 468 of Cr.P.C. Therefore, this Court is inclined to allow this petition.

5.This Criminal Original Petition is allowed and the FIR in Crime No.866 of 2014 on the file of the first respondent police is hereby quashed. Consequently, connected miscellaneous petition is closed.

12.10.2023 NCC : Yes/No Index : Yes / No Internet: Yes/ No PNM To

¶1The Inspector of Police, Pasupathipalayam Police Staton, Karur District. (In Crime No.866 of 2014).

¶2The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Crl.O.P.(Mi)oNo.18244oofo2023 G.ILANGOVAN,oJ. PNM ORDERoIN Crl.O.P.(MD)oNo.18244oofo2023 and Crl.M.P.(MD)oNo.14416oofo2023

12.10.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.10.2023 CORAM: THE HONOURABLE MR. JUSTICE G.ILANGOVAN and Crl.M.P.(MD) No.14416 of 2023 1. Kuberan 2. Palanisamy ... Petitioners Vs 1. The Inspector of Police, Pasupathipalayam Police Staton, Karur District. (In Crime No.866 of 2014). 2. Kalaiselvi ... Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying this Court to call for the records relating to the impugned FIR In Crime no. 866 of 2014, dated 17.12.2014 on the file of the 1st Respondent Police and quash the same as illegal. For Petitioners : Mr.P.Senguttuarasan For Respondent : Mr.M.Sakthi Kumar, Government Advocate (Crl.Side)